The following Property Disputes practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:
proceedings for possession
forfeiture of business leases on the grounds of non-payment of rent
a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods
service of various notices to recover possession of residential properties
practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)
insolvency legislation of both a permanent and temporary nature
For further information and guidance, see: Coronavirus (COVID-19)—implications for property.
This Practice Note provides brief details of the main methods of rent arrears recovery, and gives links to further information in each case.
Before taking any action to recover rent arrears, landlords must consider:
whether to forfeit the lease for non-payment
whether the tenant is in any form of insolvency and, if so, what implications this has for the methods of recovery available
whether there are any limitation period issues. No action may be taken to recover rent arrears after the expiry of six years from the date on which the arrears became due
Forfeiture must be considered first as any demand for or acceptance of rent that fell due after the right to forfeit arose will waive the right to forfeit (for further information see Practice Note:
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